Many of us realize that we are at a crossroads both as a species and as a planet. On the current trajectory, our very survival and that of all future generations is at risk. Pivotal to successfully navigating this particular human-made strait of dangers is our ability to transform our relationships with each other and the ecosystems upon which our lives depend. Within this context, it is paramount that we swiftly transform our legal and economic structures and institutions to better align with the natural laws of our Earth and the deeper core values shared by humanity.
Rights of Nature
I want to address Rights of Nature in the context of some wise words from one of our great foremothers and seminal environmentalists in the United States, Rachel Carson: “The question is whether any civilization can wage relentless war on life without destroying itself, and without losing the right to be called civilized.”
Today, as we stand at the precipice of the destruction of all life as we know it, this question of what we call “civilized” truly tears open the reality of our startling and dangerous circumstance.
We know we can no longer live as we have been and clearly, our worldviews, laws, economic structures, and governance systems must change.
I believe one of the most critical areas of work that we can focus on is Earth law. The idea of Rights of Nature or Rights of Mother Earth can address our dire need to truly become “civilized” in the highest sense of this word—meaning to live civilly with each other and our Earth, respecting both natural laws and the Earth’s ecosystems.
Around the world, and in almost all non-indigenous systems of law, nature and ecosystems are treated as property. Our life-giving rivers, forests, and mountains are treated as property to be sold and consumed, often protected under commerce laws. As property, these natural communities and ecosystems are not recognized as rights-holders. In our legal systems, because nature is property, it is invisible to courts.
Beyond the legal frameworks, this nonrecognition of the inherent rights of nature has dangerously contributed to distancing us culturally and personally from our living planet. I think we should consider this old, property-based legal system as highly uncivilized.
That said, what is very encouraging right now and brings promise is that for the past three decades, environmental lawyers and visionary thinkers around the globe have been developing a new theory of jurisprudence to change that system.
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